Constitution of India, 1950, Article 226 -- Finding of High Court as to sufficiency and adequacy of reasons and authenticity and acceptability of information on which satisfaction had been reached by authorities - In the nature of an appellate exercise - Not permissible under Article 226...........
Service -- Judicial Review - Modification of award of Labour Court by High Court - If no pleading is made or evidence is led before Labour Court, matter cannot be raised before High Court and high Court should not entertain the same - High Court's jurisdiction is to examine the correctness of award passed by Labour Court in exercise of its judicial review power u/Art 227..........
Constitution of India, 1950, Article 226, Central Excise Act, 1944, Section 32E, Central Excise Rules, 1944, Rule 57A(4), 57D -- Inherent jurisdiction of High Court - Settlement Commission passed order directing respondent/company to pay back MODVAT Credit availed by them against defective product - Challenge against - In instant case, High Court without interfering with..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Irretrievable breakdown of marriage - Parties settled the matter and filed a joint application incorporating the terms of settlement - In the facts of the case, Supreme Court by exercising jurisdiction under Article 142 of the Constitution dissolved the marriage between the parties so as to enable the..........
Constitution of India, 1950, Article 226, 227 -- Jurisdiction - Challenge to orders of an inferior court - Article 227 gives supervisory jurisdiction - Writ of Certiorari under Article 226 can be invoked only when scope and ambit of remedy sought does not fall in purview of the scope of supervisory jurisdiction under Article 227 - Instantly petition challenging orders of..........
Constitution of India, 1950, Article 227 -- Scope - Subject matter being correctness or otherwise of the orders passed by authorities below - Jurisdiction confined to the subject matter - Writ Court rightly upheld the orders impugned - Thereafter issuing directions on oral request made by respondent and concession made by counsel for appellant-society - Request not subject..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of opium - Actus of possession u/s 18 of Act is not punishable with retrospective affect - What is punishable is possession of prohibited article on or after a particular date when the statute was enacted, creating the offence or enhancing punishment - If a person is in possession of banned..........
Representation of the Peoples Act, 1951, Section 9A, 10, Constitution of India, 1950, Article 191 -- Election to Legislative Assembly - Disqualification for Government contracts - Disqualification u/ss 9-A, 10 of 1951 Act are akin to disqualifications u/art 191 of Constitution, where period of disqualification is co-terminus with currency of event which renders a person..........
Representation of the Peoples Act, 1951, Section 9A, Constitution of India, 1950, Article 226 -- Election to Legislative Assembly - Jurisdiction of High Court - Decision of Governor declaring petitioner disqualified u/s 9-A of 1951 Act is under challenge before High Court - Interference of High Court in exercise of Jurisdiction u/art 226 of Constitution is absolutely..........
Representation of the Peoples Act, 1951, Section 9A, Constitution of India, 1950, Article 192 -- Election to Legislative Assembly - Disqualification - Decision of Governor - Limitation - There is no period of limitation prescribed by law within which a person aggrieved by decision of Governor u/art 192 of Constitution can approach High Court - However, until such law is..........
